STATE OF JAMMU AND KASHMIR versus M. S. FAROOQL AND OTHERS

STATE OF JAMMU AND KASHMIR versus M. S. FAROOQL AND OTHERS

The Jammu and Kashmir Government Servants' Prevention of Corruption (Commission) Act, 1962 is repugnant to the All India Services Act, 1951 and the All India Services (Discipline and Appeal) Rules, 1955 as applicable to members of the All India Services serving in Jammu and Kashmir; accordingly, by Article 254 as it...

Source-derived case information.

Parties
Appellant: State of Jammu and Kashmir; Respondent: M. S. Farooqi
Jurisdiction
India
Judgment Date
17 March 1972
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Repugnancy, All India Services, Disciplinary Proceedings, Prevention of Corruption
Constitutional Law Administrative Law Repugnancy All India Services Disciplinary Proceedings Prevention of Corruption

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Parties

State of Jammu and Kashmir

Appellant

M. S. Farooqi

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Jammu and Kashmir Government Servants' Prevention of Corruption (Commission) Act, 1962 is repugnant to the All India Services Act, 1951 and the Rules made thereunder as applicable to members of All India Services serving in the State.
  2. 2 Whether the Commission Act can apply to members of the All India Services given Article 254 of the Constitution as applied to Jammu and Kashmir.

Ratio Decidendi

The Jammu and Kashmir Government Servants' Prevention of Corruption (Commission) Act, 1962 is repugnant to the All India Services Act, 1951 and the All India Services (Discipline and Appeal) Rules, 1955 as applicable to members of the All India Services serving in Jammu and Kashmir; accordingly, by Article 254 as it then applied, the Commission Act must give way and does not apply to such members.

Court Disposition

Appeal dismissed

Orders

  • The provisions of the Commission Act do not apply to members of the All India Services.
  • No order as to costs.